The Burden Of Proof In A Medical Malpractice Claim


The Burden of Proof in a Medical Malpractice ClaimIn any personal injury claim based on negligence, you must demonstrate that the defendant did not meet the expected standard of care. In most personal injury lawsuits, that means you must show that the at-fault party did not act as an average person of ordinary prudence would. You also must show that the failure to meet the standard of care caused an accident and that you suffered actual losses as a result.

However, when the wrongdoer is a medical professional and you are seeking damages in a medical practice claim, there’s a higher standard to which the defendant must be held. With doctors and physicians, the required degree of care is that of a

  • Reasonably skilled and competent healthcare professional,
  • With similar training, experience, and background,
  • Practicing in the same community.

In most personal injury trials, the jury determines what constitutes reasonable care. In medical malpractice cases, though, it’s customary for expert witnesses (usually other medical professionals) to offer testimony on whether the conduct at issue met the standard of care.

Proven Maryland Medical Malpractice Attorney

Maryland SuperLawyer Jonathan Scott Smith has protected the rights of personal injury victims in the greater Baltimore area and across the state of Maryland for more than three decades. He’s consistently been AV-rated by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review Rating System and has been designated a Top-Rated Lawyer by The American Lawyer magazine. A successful trial attorney committed to getting positive results for clients, he’s also received the Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible), as well as a perfect 10.0 (Superb) AVVO rating as a litigator.

Results-Oriented Frederick County, Maryland, Medical Negligence Lawyer

If you have suffered needless injury due to the carelessness of a medical professional in Maryland, we can help. Contact our office by e-mail or call us at (410) 441-5054 to schedule an appointment. There’s no cost for your first consultation. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.